A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

At around 05:00 on December 18, 2010, the Defendant discovered that the victim D (Woo, 12 years of age) who is pro-childed dependent in the defendant's house located in Seongdong-gu Seoul Metropolitan Government 102 Dong 1402, is growing from the defendant's house living room, and that the defendant came back next to the victim, put the defendant into the victim's entrance, put the victim's hand into the victim's panty, and allowed the victim's sexual flag into the defendant's panty.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Marriage relation certificate and family relation certificate;

1. Application of a branch statute;

1. Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 298 of the Criminal Act; Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act on the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11572, Dec. 18, 2012);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the concurrent crimes (a punishment imposed on any person in relation to relatives who violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination of the assertion by the Defendant and the defense counsel under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012) and Article 21(2) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the allegation is that the defendant forced the victim to commit an indecent act as stated in the facts constituting the crime in the judgment.

2. Determination

A. The credibility of the victim’s statement is recognized in full view of the following circumstances acknowledged by the content of the statement and the evidence duly adopted and investigated by the court.